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AVRP Studios, Inc. - 2022-09-21 (3)
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AVRP STUDIOS, INC. FOR AMENDING PUBLIC AND PRIVATE FRONTAGE FORM-BASED CODING CONFLICTS ADJACENT TO CALTRANS FACILITIES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and AVRP STUDIOS, INC., a California Corporation,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated September 21, 2022, entitled"Professional Services Contract Between the City of Huntington Beach and AVRP Studios, Inc. for Amending Public and Private Frontage Form-Based Coding Conflicts Adjacent to Caltrans Facilities"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW,THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Twenty Five Thousand Dollars ($25,000.00). The additional sum shall be added to the original sum of Thirty Thousand Dollars ($30,000.00), for a new contract amount not to exceed Fifty Five Thousand Dollars ($55,000.00). 23-12767/307824 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on P`I 0,i 12 ,2023. AVRP STUDIOS, INC. CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By. n S /46dJS ►r�1 print name ITS: (circle on:4 'resident/Vice President City Manager AND By: 411° A • ` _, i INITIATED AND APPROVED: iI �jilts,an I ITS: (circle one)(' • l hief Financial Officer/Asst.Seer'sr.•,- reasurer Director of Community Development APPROVED AS TO FORM: COUNTERPART City Attorney 0.4) RECEIVE AND FILE: City Clerk 23-12767/307824 2 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on M� a , 2023. AVRP STUDIOS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of C. • pia By: print name ITS: (circle one)Chairman/PresidentNice President City 7 ager" AND INITIATED AND APPROVED: By: print name tAiv"-1 \Q` ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Director of Community Development APPROVED AS TO ORM: COUNTERPART y ttorney RECEIVE AND FILE: e6/4/114)444) City Clerk s/,2/23 23-12767/307824 2 �....mmili AVRPSTU-01 MURPHEYM ACC]RO' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDrrvrvj �� 11/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). _ PRODUCER License#0E67768 NAMEACT Mandy Murphey . IOA Insurance Services PHONE 4370 La Jolla Village Drive (Alc,No,Extj:(619)400-1990 50200 IFAX Ne);(619)574-6288 Suite 600 ADDRESS!Mandy.Murphey@ioausa.com San Diego,CA 92122 INSURER(S)AFFORDING COVERAGE NAIC I! INSURER A:RLI Insurance Company 13056 INSURED INSURERS:Property&Casualty Insurance Company of Hartford 34690 AVRP Studios,Inc. INSURER c:Berkshire Hathaway Specialty Insurance Company 22276 703 16th Street,Suite 200 INSURER D: San Diego,CA 92101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO11MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR IN SD WVOIMMIODIYYYY) (MMIODIYYYYf A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X X PSB0003758 9/1/2022 9/1/2023 pREMISES Eaoccunence) S 1,000,000 X Cont Liab/Sev of tnt MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 — GENT.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X JECT n LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: Deductible $ 0 A AUTOMOBILE UAEIL ITY (Ea accicideD INGLE LIMIT $ 2,000,000 ANY AUTO X X PSB0003758 9/1/2022 9/1/2023 BODILY INJURY(Per person) $ OWNED —SCHEDULED AUTOS ONLY _AUTOS BODILY INJURY(Per accident) $ X HIRED X NONAWN p PROPERTY DAMAGE AUTOS ONLY _ AUTOS 4t Y (Per accident) $ x Autos'Owned $ A UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESSLIAB CLAIMS-MADE PSE0002129 911/2022 9/1/2023 AGGREGATE $ 2,000,000 DED X RETENTIONS 0 $ B WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER Y ANY PROPRIETOR/PARTNER/EXECUTIVE I �� X 72WEGAB9OHC 911/2022 9/1/2023 E L EACH ACCIDENT $ 1,000,000 Jandat IM In NHj EXCLUDED? i I N 1 A 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S C Prof Liab/Clms Made 47-EPP-319002-02 12/4/2022 12/4/2023 Per Claim 2,000,000 C Ded.:$1 OK Per Claim 47-EPP-319002-02 1214/2022 1214/2023 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Beach and Edinger Corridor Specific Plan Amendment City of Huntington Beach Is Additional Insured with respect to General/Hired&Non-Owned Auto Liability per the attached endorsement as required by written contract.Insurance Is Primary and Non-Contributory.Waiver of Subrogation applies for General/Hired&Non-Owned Auto Liability and Workers' Compensation. APPR VED AS TO FORM 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provis one. CERTIFICATE HOLDER CANCELLATION MI AEI.E.GATE`) CITY ATTORNEY SHOULD ANY OF THE ABI E I4U NGE BRM(LILLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Huntington Beach 2, 5i%;2 2000 Main Street IHuntington Beach.CA 92648 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a*cnptsm CITY COUNCIL Staff Report Meeting Date: Oct. 19, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Shelley Glennon, Associate Planner shelley.glennon@carlsbadca.gov, 760-602-4605 Subject: Professional Services Agreement and Design Review Committee Charter for the Village & Barrio Master Plan Objective Design Standards and Streamlined Permitting Process for Multifamily Housing District: 1 Recommended Action Adopt a resolution: 1. Approving a professional services agreement with AVRP Studios Inc. to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects within the Village & Barrio Master Plan area 2. Approving a charter for a design review committee to review and provide recommendations on the draft objective design standards 3. Appropriating funding in the amount of$160,000 to the General Fund to implement the project in fiscal year 2021-22, which will be reimbursed by a state Local Early Action Planning grant Executive Summary Senate Bill 35—Streamlined Approval Process, enacted in 2017, requires all local jurisdictions to approve qualified multifamily housing projects ministerially based on objective regulatory standards. Ministerial approval means projects must be approved if they meet the state law requirements, without subjective judgments from decision makers. In 2019, the City Council directed staff to form an ad-hoc design review committee to work with a consultant on developing objective design standards and a potential design palette for the Village & Barrio Master Plan area. This item addresses SB 35's requirements in the Village & Barrio Master Plan Area and follows up on the City Council's direction to establish the design review committee. The ultimate goal of this effort is to convert the current design standards in the Village & Barrio Master Plan, which are subjective and open to interpretation, into clear and objective design Oct. 19, 2021 Item #7 Page 1 of 47 standards for multifamily and mixed-use housing projects. In keeping with the provisions of SB 35, having objective design standards allows for the streamlined review and approval of development projects that are consistent with the design standards. Similar objective design standards are being developed to be applied to development projects outside the Village & Barrio Master Plan area, as authorized by the City Council on Jan. 19, 2021. Following a competitive bidding process, staff recommend awarding a professional services agreement to prepare the objective design standards to AVRP Studios Inc. in an amount not to exceed $160,000 (Exhibit 1). In accordance with City Council direction, staff also recommend the city form a design review committee whose mission will be to help develop the new Village and Barrio objective design standards. The council's approval for the agreement is required under Carlsbad Municipal Code Section 3.28.060(D)(5), which established the City Council as the awarding authority for the procurement of professional services that will cost the city more than $100,000 per agreement year. Staff recommend the City Council appropriate $160,000 to the General Fund for the professional services agreement. The city will be reimbursed by state Local Early Action Planning grant funding previously awarded to the city in an amount not to exceed $160,000. Discussion Background The governor signed multiple housing bills in 2017 to address the ongoing state housing crisis, including Senate Bill 35 -Streamlined Approval Process, which requires all local jurisdictions to approve qualified multifamily housing projects that meet the state law requirements ministerially, based on objective regulatory standards. On Dec. 10, 2019, the City Council approved a motion to form an ad-hoc design review committee to work with a consultant to develop the new objective design standards for the Village & Barrio Master Plan area (Exhibit 4). More recently, on July 13, 2021, the City Council approved the city's new Housing Element which includes Program 1.11—Objective Design Standards to implement the state's requirement for establishing objective design standards for multifamily housing projects. Given this direction, staff propose to develop objective design standards for multifamily housing and mixed-use development projects for the Village & Barrio Master Plan area with the assistance of AVRP Studios Inc., an architecture and planning firm. Additionally, as directed by City Council, staff propose a charter to guide the formation of a design review committee whose mission will be to help develop the new Village and Barrio objective design standards and a potential palette of architectural design styles. Grant funding The City Council directed staff on Jan. 19, 2021, to apply to the California Department of Housing and Community Development for a Local Early Action Planning grant to fund three projects: 1) A Permit-Ready Accessory Dwelling Unit Program 2) Housing Element pro-housing policies (intended to cover costs associated with the development of the Housing Element update) 3)Village & Barrio Objective Design Standards for multifamily housing and mixed-use development projects. Oct. 19, 2021 Item #7 Page 2 of 47 The first and third projects will be brought back to the City Council at a future date. On June 1, 2021, the state informed the city it had been awarded the fully requested grant award amount of$500,000, with $160,000 of it to be used for the Village and Barrio objective design standards.The final grant agreement for fund distribution is anticipated to be executed by fall 2021. The grant term ends Sept. 30, 2023, with reimbursements to be released to the city no later than Dec. 31, 2023.The Village and Barrio objective design standards project is anticipated to be completed in spring or summer 2023, well before the grant term ends. Additionally, the appropriation of$160,000 to fund the professional services agreement will be reimbursed in full through the grant funds once the project is completed. Professional services agreement Consultant selection process Staff issued a request for proposals to obtain professional services for the consultant on this project on July 8, 2021, following the formal bidding process outlined in Carlsbad Municipal Code Section 3.28.060(D).The city received three proposals. A staff committee evaluated the proposals to determine the best value for the city and found AVRP Studios's proposal exhibited the necessary qualifications and competence at a fair and reasonable price. AVRP Studios is a multidisciplinary firm with architects, planners, and urban designers with offices throughout Southern California. Its relevant work experience includes the City of Rancho Cordova's Multifamily and Mixed-Use Guidelines &Architectural Styles, County of San Diego's Objective Design Standards/Streamlining process for Casas de Oro/Spring Valley Communities and City of Riverside's Innovation District- Objective Design Standards. Scope of work AVRP Studios' proposed scope of work, tentative project timeline and fee schedule can be found as Attachment A to the City Council resolution (Exhibit 1). It includes four primary tasks required to complete the project consistent with the terms of the grant. AVRP Studios's scope of work can be summarized by task as follows. o Task 1: Create Objective Design Standards & Streamlined Permit Process, including a potential palette of architectural design styles for multifamily housing and mixed-use projects (up to five architectural styles). o Task 2: Identify amendments to city documents necessary to implement the project including amendments to the Village & Barrio Master Plan and Local Coastal Program. o Task 3: Create educational materials, project applicant guides and conduct training workshops for staff and development applicants. o Task 4: Conduct community outreach throughout the two-year planning process including facilitating design review committee meetings, conducting community surveys, coordinating with the city's Communications & Engagement Division on community outreach and attending up to three public hearings. Design review committee charter As directed by the City Council and outlined in the proposed design review committee charter, the design review committee's purpose is to review and provide comments and recommendations for developing the objective design standards, including a possible new Oct. 19, 2021 Item #7 Page 3 of 47 palette of architectural design styles for the Village & Barrio Master Plan area.The proposed charter(Attachment B of Exhibit 1) defines the committee's rules and procedures including the composition and appointment process, as briefly discussed below. Committee size and composition To ensure a balanced representation of community perspectives, staff recommend that the committee be comprised of a seven-member committee as follows: • One Planning Commissioner • One Historic Preservation Commissioner • One Village resident representative • One Barrio resident representative • One Village or Barrio business owner representative • Two representatives with expertise developing multifamily housing and/or mixed- use projects in the City of Carlsbad, preferably within the Village & Barrio Master Plan area. Staff believe this committee composition is appropriate because: • The Planning Commission's purview covers land use decision-making, including the development of multifamily housing and mixed-use development projects. • The Historic Preservation Commission's purview includes rendering advice and guidance on any historical area or site. The Village is home to a majority of Carlsbad's historic resources and the Barrio reflects elements of its past in its historic buildings. • Those representatives who reside and/or work within the Village and Barrio would be the most familiar with the community character and also most impacted by the new development of multifamily housing and mixed-use projects, so the panel would include one Village resident, one Barrio resident and one Village or Barrio business owner. • Architects and/or urban designers on the committee who have experience designing and/or developing multifamily and mixed use development in the city(preferably in the Village/Barrio)will provide the committee with valuable technical expert advice, experience and recommendations with the knowledge and background of being part of the community. Committee appointment process Staff recommend the following process to appoint members to the committee: • Each respective commission will nominate a commissioner to serve as a member of the committee.The Mayor or the Mayor Pro Tern will consider and confirm (approve)the recommended nominations. • The District 1 Council Member will recommend the Village resident representative, Barrio resident representative and Village or Barrio business owner representative. • The Mayor or Mayor Pro Tern will recommend the two representatives with expertise developing multifamily housing and/or mixed-use projects in Carlsbad • The City Council will make the final decision on all citizen committee representative appointments. The process outlined above is consistent with and similar to past committee appointment processes, such as the one used for the Housing Element Advisory Committee. Once the charter Oct. 19, 2021 Item #7 Page 4 of 47 is adopted by the City Council,the City Clerk's Office will immediately conduct appointment solicitations. The nominations will then be forwarded to City Council by the City Clerk's Office for the City Council's final approval within approximately two months from when the charter was approved. Options Exhibit 2 details options for the proposed professional services agreement and alternate options for the design review committee's size, composition, and appointment process. Fiscal Analysis The cost of this project is expected to be an amount not to exceed $160,000 and will be reimbursed by the state's LEAP grant fund program. Because the grant funding will not be reimbursed until a later fiscal year, a current year appropriation of$160,000 in grant funding is required. Next Steps Staff will execute a professional services agreement between AVRP Studios and the city, and staff and AVRP Studios will begin work on Task 1 of the project's scope of work, which includes a project kick-off meeting.The formation of the design review committee will be completed by December 2021 or January 2022.This will be followed by the committee's initial meeting in early 2022. The target completion date for the project is spring or summer 2023, before the grant term ends. Environmental Evaluation Professional services agreement-CEQA exemptions This activity is not a "project" as defined by the California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(b)(4), because the activity involves execution of a contract which, on its own accord, will not cause a significant environmental impact.As such, under CEQA Guidelines Section 15060(c)(3), this activity is not subject to environmental review. This determination is predicated on CEQA Guidelines Section 15004,which provides direction to lead agencies on the appropriate timing for environmental review. Design Review Committee Charter-CEQA Exemption This activity is exempt from the requirements of in accordance with CEQA Guidelines Section 15378(b)(5), in that initiating enabling legislation for the design review committee does not meet CEQA's definition of a project because the action constitutes organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council resolution 2. Design Review Committee Charter-Alternative Options Discussion 3. City Council staff report dated January 19, 2021 (on file in the Office of the City Clerk) 4. December 10, 2019 City Council minutes- Item No. 16 (on file in the Office of the City Clerk) Oct. 19, 2021 Item #7 Page 5 of 47 EXHIBIT 1 RESOLUTION NO. 2021-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH AVRP STUDIOS, INC. TO PREPARE OBJECTIVE DESIGN STANDARDS AND PROCEDURES TO STREAMLINE THE PERMITTING PROCESS FOR MULTIFAMILY HOUSING AND MIXED-USE DEVELOPMENT PROJECTS WITHIN THE VILLAGE AND BARRIO MASTER PLAN AREA, APPROVING A CHARTER FOR A DESIGN REVIEW COMMITTEE TO REVIEW AND PROVIDE RECOMMENDATIONS ON THE DRAFT OBJECTIVE DESIGN STANDARDS; AND APPROPRIATING GRANT FUNDING OF $160,000 TO THE GENERAL FUND TO IMPLEMENT THE PROJECT IN FISCAL YEAR 2021-2022 WHEREAS, the City Council on Jan. 19, 2021, authorized application for, and receipt of, Local Early Action Planning grant program funds from the California Department of Housing and Community Development; and WHEREAS, the City of Carlsbad was awarded a LEAP grant in the amount of$500,000, of which $120,000 was awarded to prepare the city's permit-ready accessory dwelling unit program, $220,000 was awarded to assist the city with its Housing Element update, and $160,000 was awarded to prepare objective design standards and a streamlined permitting process for multifamily housing and mixed- use development projects within the Village and Barrio Master Plan area; and WHEREAS, staff issued a request for proposals in compliance with Carlsbad Municipal Code Section 3.28.060(D), to obtain professional services to prepare objective design standards and procedures to streamline the permitting process for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area; and WHEREAS, after review of the three proposals submitted in response to the request for proposals, staff recommends AVRP Studios, Inc. as the most qualified consultant for the project; and WHEREAS, city staff and AVRP Studios, Inc. negotiated a scope of work and schedule with an associated fee for an amount not to exceed $160,000, which is to be fully funded by the LEAP grant; and WHEREAS, the consultant costs to complete the scope of work will be paid by the City of Carlsbad and the city will be reimbursed through the LEAP grant funds program; and WHEREAS,the proposed professional services agreement with AVRP Studios, Inc., including the scope of work, fee, and schedule, is provided as Attachment A; and Oct. 19, 2021 Item #7 Page 6 of 47 WHEREAS, on Dec. 10, 2019, City Council directed staff to return to City Council on the formation of an ad-hoc design review committee to work with the consultant (AVRP Studios, Inc.) on developing objective design standards including a potential palette of architectural design styles for the Village and Barrio Master Plan area; and WHEREAS, committee members will voluntarily serve for approximately one year as described in the design review committee charter and will review objective design standards including a new palette of architectural design styles for multifamily housing and mixed-use development projects in the Village and Barrio Master Plan area; and WHEREAS,the proposed design review committee charter,which includes a mission statement, principles of participation, member roles, and meeting requirements, is provided as Attachment B;and WHEREAS, the City Planner determined on October 1, 2021, the Professional Services Agreement with AVRP Studios, Inc. is an activity that is not a project as defined by the California Environmental Quality Act Section 21065 and State CEQA Guidelines Section 15378(b)(4), because the activity involves execution of a contract which, on its own accord, will not cause significant environmental impact. As such, this activity is not subject to CEQA pursuant to Section 15060(c)(3). This determination is predicated on Section 15004 of the guidelines, which provide direction to lead agencies on the appropriate timing for environmental review; and WHEREAS, the City Planner determined on October 1, 2021, the design review committee charter is an activity that is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that initiating enabling legislation for the design review committee does not meet CEQA's definition of a "project," because the action constitutes organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Manager is authorized and directed to execute the professional services agreement with AVRP Studios, Inc. (Attachment A), to assist in the preparation of objective design standards, including a new palette of architectural design styles, and Oct. 19, 2021 Item #7 Page 7 of 47 procedures to streamline the permitting process for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area. 3. That the City Manager is authorized to execute the City of Carlsbad Local Early Action Planning Grants Program application, the LEAP grant documents, and any amendments to the documents, on behalf of the City of Carlsbad as required by the California State Department of Housing and Community Development for receipt of the Local Early LEAP grant funds. 4. That the Deputy City Manager, Administrative Services is authorized to appropriate $160,000 in funding to the General Fund to be reimbursed by LEAP grant funds. 5. That the City Council approves a charter for a design review committee to review objective design standards, including a potential new palette of architectural design styles, for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area (Attachment BY PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of October 2021, by the following vote,to wit: AYES: Blackburn, Bhat-Patel,Acosta, Norby. NAYS: None. ABSENT: Hall. -1164171d/ MATT HALL, Mayor )71 FAVIOLA NEDINA, ,ity,Clerk Services Manager (SEAT ' „0,rCAR<f� VAP 9:E..). • it jt, _ SI,S, Oct. 19, 2021 Item #7 Page 8 of 47 DocuSign Envelope ID.AD664269-DF60-4600-8C59-3DF72D31FFB0 AGREEMENT FOR OBJECTIVE DESIGN STANDARDS AND STREAMLINED PROCESSING SERVICES AVRP STUDIOS, INC THIS AGREEMENT is made and entered into as of the _ _ day of , 2021, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and AVRP STUDIOS, INC., a California corporation ("Contractor"). RECITALS A. City requires the professional services of a design company that is experienced in urban design and coding services. B. Contractor has the necessary experience in providing professional services and advice related to objective design standards and streamlined processing. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three(3)years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred sixty thousand dollars ($160,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent(10%)retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit"A". City Attorney Approved Version 6/12/18 1 Oct. 19, 2021 Item #7 Page 9 of 47 Doc°Sign Envelope ID:AD664269-DF60.4600-8C59-3DF72D31FFB0 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vll'; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers(LASLI)with a rating City Attorney Approved Version 6/12/18 2 Oct. 19, 2021 Item #7 Page 10 of 47 DocuSign Envelope ID:AD664269-DF60-4600-8C59-3DF72D31FFB0 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence"basis, including personal&advertising injury,with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers'Compensation and Employer's Liability.Workers'Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 Oct. 19, 2021 3 Item #7 Page 11 of 47 DocuSign Envelope ID:AD664269-DF60-4600-8C59-30F72D31FFB0 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City, Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Shelley Glennon Name Howard M. Blackson III, CNUac Title Associate Planner Title Director of Urban Design Department Comm. Dev. Address 703 16t"St, Suite 200 City of Carlsbad San Diego, CA 92101 Address 1635 Faraday Avenue Phone No. 619-704-2670 Carlsbad, CA 92008 Email hblackson(a�avrpstudios.com Phone No. 760-602-4605 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes City Attorney Approved Version 6/12/18 Oct. 19, 2021 4 Item #7 Page 12 of 47 DocuSign Envelope ID:AD664269-DF60-4600-8C59-3DF72D31FFB0 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten(10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that City Attorney Approved Version 6/12/18 Oct. 19, 2021 5 Item #7 Page 13 of 47 DocuSign Envelope ID:AD664269-DF60-4600-8C59-3DF72D31 FFBO Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from,the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 Oct. 19, 2021 6 Item #7 Page 14 of 47 DocuSign Envelope ID:AD664269-DF60-4600-8C59-3DF72D31FF80 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. AVRP STUDIOS, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: r �. mitoitio By: (sign here) Scott Chadwick Randy S. Robbins/Secretary/Treasurer City Manager (print name/title) ATTEST: By: r '/ •677 (sign here) FAVIOLA MEDINA Christopher T. Veum/President " City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 2c,y � BY: Assistant City Attorney City Attorney Approved Version 6/12/18 Oct. 19, 2021 7 Item #7 Page 15 of 47 DocuSign Envelope ID:AD664269-0F60-4600-8C59-3DF72031FFB0 r"HIBIT"A" SCOPE OF SERVICES TASK 1 -CREATE ODS AND SPP 1.4 Administrative Draft. Upon reviewing the comments 1.1 Document Review and Kick-Off Meeting.Our team will: on the selected Building Types,our team will preparethe •Review the basic toolkit that our team will provide; Administrative Draft Objective Design Standards.The team will •Review basic Table of Contents,graphic standard and sample prepare the ODS Administrative Draft based on the direction chapter; received in Task 1.3.Our team will present the Administrative •Identify key questions to include in an online/citizen surveys; Draft to the City staff.The Administrative Draft will be reviewed •Identify high-expectation sites in the project area; by the Ad Hoc Committee.Written comments will be compiled •Identify data-needs requests with City staff beyond references into one set of non-contradictory comments for our team to use listed in the RFP,such as prior development applications in the in preparing the Final Draft. Project area,GIS data,and City staff preferences. Meetings:One meeting with the City Staff/PM/DRB Meetings:One meeting with the City Staff/PM up to 4 hours. Deliverables:None Deliverables:None 1.5 Develop Multi-Family Development Architectural Design 1.2 Site Visits and Work Sessions.Our team will work with the Standards.Our team will prepare an Architectural Styles City staff project manager to schedule a site visit,and meet with chapter per DRB recommendations.This chapter will be part City staff to review and confirm the direction on: of the Objective Design Standards section.The chapter will •The approach to integrating new standards in the Master Plan; describe the intent of the architectural standards,provide •The approach to the Table of Contents,graphic standards, illustrations for each of the 3-5 architectural styles,and applicant procedures and processes,and each chapter; include checklists of materials and finishes,lighting standards, •The approach to the new standards on the Master Plan; siding,rooflines,fenestrations,eaves,color,cornice lines,and •The approach to procedural changes/additions; balconies.The chapter will identify the required approach with existing historic buildings,and architectural elements for multi- Our team will be in the field gathering a visual inventory of family buildings. exemplary developments,identified by the community and/or Meetings:Coordination with City Staff/PM and DRB. by our team,to inform this process and the eventual standards. Deliverables: Multi-Family Architecture Design Standards. Upon concluding all site visits and work sessions,our team 1.6 Develop Procedural and Form Changes.Based on the will prepare an existing conditions memo that summarizes the review of existing administrative procedures,community conditions.After distribution of the existing conditions memo, input,working group discussions and team discussions,we will our team will meet with the City staff in a work session to prepare a draft of administrative procedures and processes discuss the memo and any clarifications,outstanding questions that streamline the development application and entitlement and/or data needs,and to review next steps. review process,including drafts of the application and review forms and checklists.Our team will research existing multifamily 1.3 Develop Base Map and Objective Design Standard Place housing and mixed use project permit processes,practices, Types and Multi-Family Building Types. and materials and develop a permit processing program for Using GIS information,our team will develop a base map for the Village and Barrio Master Plan.Collaborating with city each of the parcels within the project area.We will then identify staff,our team will provide input on updated administrative the palette of Multi Family(MF)locations in each district within procedures intended to facilitate the permitting process for the Village and Barrio Master Plan. For example,MF sites project applicants.A clear and easy to understand process will are located in different contexts within each district,such as also increase staff efficiency with the goal of reducing review transition lots between districts(VC and VG)or on large lots time for multifamily and mixed use residential housing projects along the train tracks and small lots in a neighborhood in the by+50%per stated objectives. same district(PT district).This is done to identify a variety of Meetings:Small Group meeting with the City Staff. MF building types within each district(3-5 architectural styles Deliverables:Draft PDF of Streamlining Procedures consistent with the community's character and vision),required building form,and approaches to parking. 1.7 Final Draft ODS&SPP Document.Based on the review of existing administrative draft,screencheck,DRB review and The MF building types will describe the physical characteristics recommendations,community input,working group discussions and disposition of different types by context,such as mid- and team discussions,and we will prepare the final draft of the block,corner,and edge conditions,This information will ODS and SPP administrative procedures and processes. guide the preparation of detailed objective design and development standards in each community.The palette and recommendations will be reviewed by the Ad Hoc Committee and City staff.Written comments will be compiled into one set of noncontradictory comments for our team to use in preparing an Administrative Draft of Building Types. Meetings:None Deliverables:PDF catalog of 3-5 MF Building Types. Oct. 19, 2021 Item #7 Page 16 of 47 DocuSign Envelope ID-AD664269-DF60-4600-8C59-3DF72D31FF80 TASK 2-NECESSARY DOCUMENT AMENDMENTS 2.1 Village and Barrio Master Plan Amendment and Local Coastal Program Amendment.Identify and make recommendations for a Master Plan Amendment(s)and Local Coastal Program Amendment with a review of policies and standards as part of Task 1.Harris and Associates will prepare recommendations for the appropriate CEQA Compliance and CEQA determination(e.g.,addendum,exemption,negative declaration),provided under a separate scope and cost estimate to complete the CEQA analysis. Meetings:Meeting(s)with City staff. Deliverables:PDF of Final Draft and Procedures TASK 3-EDUCATION MATERIALS AND TRAINING 3.1 Training Materials.To assist the city in clearly understanding the new standards and permitting process with an updated methodology for project review based on the new standards, our team will lead a series of training sessions to walk staff through the applicants and reviewers forms and procedures. We will facilitate workshops to explain the processing and review roles and expectations for city staff and development applicants.All training materials will be available for the public. Meetings:Up to two(2)small group training sessions. Deliverables:Prepare training materials,sample project applications,staff review checklists,and a PowerPoint to educate and train staff with an overview of the procedures and materials(graphic simulations)to process projectapplications. TASK 4- COMMUNITY OUTREACH/HEARINGS 4.1 Ad Hoc Design Review Committee will be a driving force of the palette of architectural styles.We will attend meetings and facilitate meetings per DRB and City staff direction. Meetings:Attend all meetings and lead/facilitate at least three (3)meetings in coordination with City staff and chair. Deliverables:Prepare informational and draft plan materials, and presentations. 4.2 Individual Meetings to Review Administrative Draft (Screencheck and Public Draft).Our team will facilitate either one or a series of in-person meetings with the community to present and discuss the Administrative Draft Standards. Alternatively,this meeting can occur after a community's review of the Draft but prior to compiling the Ad Hoc Committee's comments for submitted to our team.Assist the City's Communication&Engagement's Division to provide them with content/data for items including the project website,social media content,informational video and online surveys. Meetings:Up to three(3)small group or one(1)large group Community meetings in coordination with City Staff and ORB. Deliverables:Community Engagement Plan Document 12.Public Hearings.We will coordinate with city staff to prepare for and attend up to three(3)public hearings to adopt the proposed objective design standards and related documents and/or materials. Meetings:Up to three(3)Public Hearings.On-callassistance (conference call and email correspondence). Deliverables:An adopted ODSAmendment. Oct. 19, 2021 Item #7 Page 17 of 47 Carlsbad Objective Design Standards Project Schedule ID Task Name Duration Start (Finish Nov 1 San I Mar I Mar 122 1W I Sao I Nor t tan a Mar I Mary 2I 1 Task 1-Create Objective Design Standards 399 days Tue4/6/21 Fri t0/14J22 a Phase 1-Due Diligence 3 mons Mon 11/1/21 Fri 1/21/22 9 Phase 2-Design 6 mons Mon 5/2/22 Fri 10/14/22 g 10 Task 2-City Document Amendment 6 mons Thu 12/1/22 Wed 5/17/23 11 Task 3-Education Materiels and Training 3 mons Tue 2/1/22 Mon 4/25/22 111111111111111111101111111•w11 12 Task 4-Community Outreach and Hearings 240 days Mon 11/1/21 Fri 9/30/22 1 Task 4•Community Outreach and Hearings 13 Hearirys 2 mons Mon 5/2/22 Fri 6/24/22 Flaeslrnyt 14 Ad Hoc ORB Work 1 12 mons Mon 11/1/21 Fri 9/33/22 Ad Hoc DRB Work 1 Task ---------------- Project Summary t Manual Tar IIINININOSNitiall sun.* Deadline spit Inartim rats Ouralicn-only '� ---^^ FYIk1.011y Progress Milestone 0 Inactive Milestone Manual Summary Rollup Ettamal Tasks Manual Progress Summary r".".". 4 Inactive Summary Manual Summary � C Eatarnal Mikstmr. Page 1 O CO LL LL Ca) N U- LL Ce) to C) CO CD W sr u CD N W E. a 0 Oct. 19, 2021 Item #7 Page 18 of 47 Task 1 Task 2 Task 3 Task 4 Total AVRP/Torti Gallas/Harris and Associates Team Hours Project Title Carlsbad ODS Objective Design Total Cost Cost Estimate Prepared By Howard Blackson Standards and City Document Education Materials Community Outreach Cost Estimate Prepared For City of Carlsbad Process Amendments and Training and Hearings Position Staff Rate Hours Cost Hours Cost Hours Cost Hours CEQA Senior Director,Harris Diane Sandman $285.00 0.0 $ - 10.0 $ 2,850.00 0.0 $ - 8.0 $ 2,280.00 18.0 $ 5,130.00 CEQA Project Manager,Harris Kristin Blackson $205.00 0.0 $ - 40.0 $ 8,200.00 0.0 $ - 11.0 $ 2,255.00 51.0 $ 10,455.00 CEQA Analyst,Harris Kelsey Hawkins $115.00 0.0 $ - 40.0 $ 4,600.00 0.0 $ - 10.0 $ 1,150.00 50,0 $ 5,750.00 Publications Specialist,Harris Lindsey Messner $130.00 0.0 $ - 0.0 $ 0.0 $ 10.0 $ 1,300.00 10.0 $ 1,300.00 Design Director,Torti Gallas Neal Payton $200.00 140.0 $28,000.00 36.0 $ 7,200.00 19.5 $ 3,900.00 0.0 $ - 195.5 $ 39,100.00 Associate,Torti Gallas Rogelio Huerta $150.00 150.0 $22,500.00 20.0 $ 3,000.00 20.0 $ 3,000.00 0.0 $ - 190.0 $ 28,500.00 Adminstrative/Graphics Support Torti Gallas Staff $115.00 70.0 $ 8,050.00 10.0 $ 1,150.00 10.0 $ 1,150.00 0.0 5 - 90,0 $ 10,350,00 Project Manager,AVRP Howard Blackson $180.00 80.0 $14,400.00 30.0 $ 5,400.00 40.0 $ 7,200.00 75.0 $13,500.00 225.0 $ 40,500.00 Admin/Graphiics Support AVRP Staff $130.00 38.5 $ 5,005.00 20.0 $ 2,600.00 40.0 $ 5,200.00 47.0 $ 6,110.00 145.5 $ 18,915.00 LABOR SUBTOTAL 478,5 $77,955.00 206.00 $35,000.00 129.50 $20,450.00 161,00 5 26,595.00 975.0 $160,000.00 �. �,�, ,y z ... $35,000.00 $20,450.00 $26,595.00 $160,000,00 ' w J D 0 co U LL v_ W o Ce u. w o o In co t YWI o Z nu m 13 .< W °a C/) Q w 2 Ili P: w U- ILI c 'o in U o Oct. 19, 2021 Item #7 Page 19 of 47 DocuSign Envelope ID:AD664269-DF60-4600-8C59-3DF72D31FFBO RATE SCHEDULE (per fee structure) Project Manager, AVRP Studios, Howard Blackson$ 180.00 Administrative/Graphiics Support,AVRP Studios Staff$ 130.00 Design Director,Torti Gallas, Neal Payton$ 200.00 Associate,Torti Gallas, Rogelio Huerta $ 150.00 Administrative/Graphics Support,Torti Gallas Staff$ 115.00 Senior Director, Harris and Associates, Diane Sandman $ 285.00 CEQA Project Manager, Harris and Associates, Kristin Blackson $ 205.00 CEQA Analyst, Harris and Associates, Kelsey Hawkins$ 115,00 Publications Specialist, Harris and Associates, Lindsey Messner$ 130.00 These are gross estimates for each phase including direct costs and expenses included.We are a San Diego- based firm without travel expenses and the ability to be directly responsive to client needs and attendance at meetings, events, and hearings. Oct. 19, 2021 Item #7 Page 20 of 47 EXHIBIT 1-ATTACHMENT B The Village & Barrio Master Plan Objective Design Standards for Multifamily Housing and Mixed-use Development Project Design Review Committee Charter City of rl�a s a October 2021 Community Development Department Planning Division Oct. 19, 2021 Item #7 Page 21 of 47 (Cityof Carlsbad Table of Contents Introduction 3 Mission Statement 3 Principles of Participation 3 Representation and Appointment 4 Discussion Process 4 Role of Chair and Vice-chair 5 Meeting Schedule 5 Meeting Attendance 5 Meeting Quorum 6 Open Meeting Requirements 6 Meeting Agendas 6 External Communications 6 Information Sharing 7 Work Products 7 Design Review Committee Charter Page 2 of 8 Oct. 19, 2021 Item#7 Page 22 of 47 (Cityof Carlsbad Introduction The Village and Barrio Master Plan objective design standards for multifamily housing and mixed-use development project is an approximately 20-month community outreach process, the purpose of which is to expedite the planning permitting process by replacing existing Village and Barrio Master Plan subjective design standards for multifamily housing and mixed-use development projects with objective design standards and creating a potential new palette of architectural design styles, consistent with the Village and Barrio's small beach-town community character. Mission Statement The mission of the Design Review Committee (DRC) is to participate in and provide guidance in developing new objective design standards for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area. The DRC must also review and provide guidance on a potential new palette of architectural design styles for multifamily housing and mixed-use development projects. Principles of Participation Role of Design Review Committee Members To achieve the mission of the DRC, the City Council is asking members to constructively provide input into the development of the new objective design guidelines for achieving the following: • Become familiar with state housing law and housing needs, constraints, and opportunities in the state, regional, and local context • Become familiar with the Village and Barrio Master Plan's existing design standards/guidelines related to multifamily residential development and mixed-use development projects • Become familiar with the historic background of the Village and Barrio Master Plan area • Become familiar with the existing historic structures within the Village and Barrio neighborhoods • Attend a minimum of three (3) meetings over an approximately one-year period • Adhere to the project schedule and respond to established deadlines • Keep interested community members informed of the progress of the project • Encourage community participation throughout the development of the objective design standards • Listen to and respect diversity in perspectives, facts and opinions • Provide constructive feedback to city staff and consultants on works in progress at key points during the development of the project Design Review Committee Charter Page 3 of 8 Oct. 19, 2021 Item #7 Page 23 of 47 City of Carlsbad • In decision-making, balance individual and group stakeholder goals with the larger public interest and legal requirements • Work collaboratively with other DRC members in reaching decisions and making recommendations to the City Council Representation and Appointment The committee will be composed of a total of nine members as follows: • One Planning Commissioner • One Historic Preservation Commissioner • Two Village resident representative • Two Barrio resident representative • Two professionals with expertise designing and/or developing multifamily housing/mixed-use development in the City of Carlsbad; preferably in the Village and Barrio Master Plan area. • One Village or Barrio Business Owner representative Each respective commission will nominate a commissioner to serve as a member of the DRC. The Planning Commission and Historic Preservation Commission will nominate one commissioner each. The nominated commissioner must have at least 18 months remaining on his or her term at the time of appointment. The Mayor/Mayor Pro Tem will consider and confirm the recommended nominations. The City Council Member for District 1 will recommend the four residents and business owner. The Mayor/Mayor Pro Tern will recommend the two professionals. The full City Council will make the final decision on all non-commissioner appointment recommendations. Discussion Process During DRC meetings, committee members agree to abide by the following discussion process: • The committee will select a Chair and Vice-chair • The committee will establish ground rules for how members should conduct themselves during meetings • The preferred decision-making process is collaborative problem-solving • Consensus of the DRC will take precedence over individual preferences • In cases of non-consensus, the Chair may call for majority vote of the committee; however, alternative perspectives will be documented • Planning staff and the project consultant will be present at all meetings to assist in the facilitation of meeting discussion with the Chair and committee as needed Design Review Committee Charter Page 4 of 8 Oct. 19, 2021 Item #7 Page 24 of 47 City of Carlsbad Role of Chair and Vice-chair The Chair will ensure that the DRC meetings are conducted fairly and efficiently,that proper order and mutual respect among all participants is maintained,that there is full participation during meetings,that all relevant matters are discussed,that all committee members have an opportunity to participate in committee discussions, and that necessary decisions are made. To the extent reasonable,the Chair will seek consensus of the committee in decision- making. In instances where consensus cannot be reached,the Chair may call for majority vote of the committee following procedures set forth in Carlsbad Municipal Code Chapter 1.20. However, the Chair will ensure that minority viewpoints are heard and documented. The Chair will ensure that Principles of Participation and agreed-upon "ground rules" are adhered to. The Chair is responsible for ensuring that members of the public desiring to address the committee can do so at the appropriate time. The Chair may speak to members of the media on behalf of the DRC, and represent the committee at public workshops, hearings and other public events as appropriate. The role of the Vice-chair is to serve as the Chair in the Chair's absence. Meeting Schedule DRC members are expected to make an approximate one-year commitment. The DRC will be formed soon after the City Council appointments are made and will have its first meeting approximately in December 2021/January 2022. The DRC will meet two additional times to review an administrative draft and public draft of the proposed objective design standards including a potential new palette of architectural design styles for multifamily housing and mixed-use development projects within the Village and Barrio Master Plan area. It is anticipated the DRC will conclude its work by approximately November 2022, however, the committee chair or committee member(s) so authorized may wish to continue project involvement by representing the DRC during public hearings on the Village and Barrio Master Plan Amendment to incorporate Objective Design Standards for multifamily housing and mixed- use development projects in early/mid 2023. Meeting Attendance Full participation of committee members is essential to the effectiveness of the DRC, and members are expected to attend all DRC meetings. If a committee member is unable to attend a meeting,that person shall notify city staff as soon as possible. Design Review Committee Charter Page 5 of 8 Oct. 19, 2021 Item #7 Page 25 of 47 City of Carlsbad If a committee member resigns their appointment before the committee's work has concluded, that person shall notify the Mayor/Mayor Pro Tern and City Council in writing, with copies sent to the City Clerk, City Manager and the objective design standards project manager. At their next scheduled meeting,the DRC will consider whether to recommend that the Mayor/Mayor Pro Tern and City Council fill the vacated position. Meeting Quorum For meeting purposes, a quorum of the DRC is met with five members in attendance. Open Meeting Requirements All DRC meetings and committee members are subject to the open meeting requirements of the Ralph M. Brown Act (Brown Act). The Brown Act imposes public notice and access requirements on committee meetings, and places certain limitations on when and how committee members may communicate with one another. At the first DRC meeting, committee members will be given a briefing by the City Attorney's Office about the basic requirements of the Brown Act. In addition to meeting as a committee approximately three times within a 11 to 12-month timeframe, committee members are encouraged to attend other activities scheduled for the benefit of the public, such as public hearings or other potential committee/commission workshops. Member attendance at these activities also may be subject to the Brown Act. Meeting Agendas City staff will prepare meeting agendas and supporting materials in consultation with the Chair or a majority of the DRC following the procedures of the Brown Act. At the end of each meeting,the Chair and city staff will summarize: 1)the committee's recommendations for the Village and Barrio Master Plan's objective design standards and potential palette of architectural styles for multifamily housing and mixed-use development projects; 2) any additional research on items as determined by the committee; and 3) new items suggested for discussion at future meetings. Agendas for future meetings will be established by consensus of the DRC with concurrence of the Chair and city staff. Members of the public have a right to attend DRC meetings and will have an opportunity to address the committee on any issues under its purview. Agendas will include time for public comment. External Communications The overriding consideration in all communications is to honor and sustain the constructive, collaborative process of the committee. DRC members are encouraged to communicate with Design Review Committee Charter Page 6 of 8 Oct. 19, 2021 Item #7 Page 26 of 47 City of Carlsbad their constituencies to keep them informed of the objective design standards for the Village and Barrio Master Plan area and to encourage direct participation. Should committee members speak to the media, members shall provide accurate information to inform the public about the project, but are asked to refrain from engaging in speculation, advocating a position on a specific issue/topic, speaking on behalf of the DRC (except for the Chair or unless authorized by the committee to do so), or otherwise making public statements that would tend to hamper constructive committee discussions. Committee members are asked to notify city staff of any media contact related to the committee and its work. City staff will be available to assist in any communications to the media, if desired. Information Sharing To ensure all DRC members have the same information available to them, all documents will be distributed through city staff. If a member has information,they would like to share with other committee members,the information should be given to staff for distribution to the entire committee. Maintaining this flow of information will facilitate a respectful, collaborative process, and help avoid unintended violations of open meeting laws (e.g., serial meetings). Work Products In addition to its role as representatives of and conduits to community stakeholders, the DRC will be responsible for reviewing and providing guidance on draft work products, specifically on objective design standards including a potential palette of architectural styles for developers to choose from when developing multifamily and/or mixed-use development projects in the Village and/or Barrio.The DRC is not responsible for reviewing the permit streamlining process update that is being proposed as part of the project. As previously requested by City Council, the DRC is charged with reviewing only the objective design standards including a new palette of architectural design styles. The primary purpose of the DRC in reviewing the work products is to ensure that the objective design standards accurately replaces all subjective design standards. The draft work products that the DRC will likely review include but are not limited to: • Staff, consultant, and subject matter expert reports and presentations on objective design standards, sample architectural design styles, and other relevant documents related to the development of multifamily housing and mixed-use development projects; Design Review Committee Charter Page 7 of 8 Oct. 19, 2021 Item #7 Page 27 of 47 City of Carlsbad • Sites analysis related to existing historic structures within the Village and Barrio Master Plan area; • Recommendation on draft objective design standards including a potential new palette of architectural styles to choose from; and • Meeting minutes Design Review Committee Charter Page 8 of 8 Oct. 19, 2021 Item #7 Page 28 of 47 Professional Services Agreement & Design Review Committee Charter alternative options discussion Professional services agreement There are two alternative options that can be pursued other than approving a professional services agreement with AVRP Studios. Option 1, staff recommendation: Approve a professional services agreement with AVRP Studios Pros • AVRP Studios is a highly qualified multidisciplinary firm with architects, planners, and urban designers. • They have great experience in community outreach and facilitating/presenting at committee meetings. The project manager is a certified public facilitator. • They have relevant work experience including: the City of Rancho Cordova's Multifamily and Mixed-Use Guidelines & Architectural Styles, County of San Diego's Objective Design Standards/Streamlining process for Casas de Oro/Spring Valley Communities and City of Riverside's Innovation District- Objective Design Standards. • They are very familiar with the region as they have an office located within San Diego • Selecting AVRP will not delay the project schedule and therefore not jeopardize the city from meeting the terms of the grant to complete the project within the required timeframe. Cons • None identified. Option 2: Not approve a professional services agreement with AVRP Studios and request to review another consultant's scope of work for consideration at a later date Pros • The City Council can approve an agreement with a different consultant that is more aligned with its goals, values, and objectives. Cons • The process to select another consultant would delay the project significantly and potentially prevent the project from being completed within the timeframe required under the grant program terms. Option 3: Not approve a professional services agreement with AVRP Studios or any other consultant with the intent to not move forward with the project Pros • It will free up staff time to implement other priority projects. Oct. 19, 2021 Item #7 Page 29 of 47 Cons • The grant fund award of$160,000 from the state will be forfeited and the city will be out of compliance with state law requiring local jurisdictions to approve objective design standards to facilitate the streamlined permitting process of multifamily housing and mixed-use development projects. Design Review Committee Charter Size and composition of the design review committee Staff recommendation:The design review committee would consist of seven committee members. The composition of the seven-member committee is proposed to be: - One Planning Commissioner - One Historic Preservation Commissioner - One Village resident representative - One Barrio resident representative - One Village or Barrio business owner representative - Two representatives with expertise in designing and/or developing multifamily housing and/or mixed-use development in the City of Carlsbad, preferably in the Village and Barrio Master Plan area Alternate option 1: Form a committee with fewer than seven members Pros • A smaller committee can be more manageable Cons • A smaller committee could challenge the ability to obtain adequate representation and perspectives and/or achieve required quorums to conduct meetings. Alternate option 2: Form a committee with more than seven members Pros • Additional committee members may broaden the perspectives represented by the committee. Cons • A larger committee will be more challenging to support and manage. Alternate option 3: Form a committee as recommended by staff, with a different composition Options to modify committee make up include: - Fewer or more commissioner members - More Village and Barrio residents - More Village and/or Barrio business owners - Fewer or more professional experts in architectural design for multifamily housing - Include additional stakeholder groups - Choose members based on additional criteria (e.g., age, years as resident, income) - Other options the City Council may identify Oct. 19, 2021 Item #7 Page 30 of 47 Pros • Additional committee members or stakeholders may broaden the perspectives represented by the committee. • Different distributions could achieve the same goal. Cons • The staff recommended mix of commissioners, residents, a business owner, and subject matter experts, provides a balanced representation and perspective, therefore a change might make it unbalanced. Committee appointment process Staff recommendation: - Each respective commission will nominate a commissioner to serve as a member of the committee.The Mayor/Mayor Pro Tern will consider and confirm the recommended nominations, - The District 1 City Council Member will recommend the Village or Barrio business owner representative, - All City Council members will recommend the Village and Barrio resident representatives and the two representatives with expertise in designing multifamily housing and mixed- use development projects, and - The full City Council will make the final decision on all committee representative appointments. This process outlined above is consistent with past committee appointment processes (i.e. that of the Housing Element Advisory Committee). Once the charter is adopted by the City Council, the City Clerk's office will immediately conduct appointments solicitations and prepare the appointment recommendations for the council to make a final decision on within two months from when the charter is approved. Staff also recommend this process to prevent a delay in the project schedule. Alternate option 1—City Council members recommend all design review committee appointments and the Mayor/Mayor Pro Tem makes the final decision on all appointment recommendations Pros • Similar to staff's recommendation, this option would require the City Clerk's office to conduct the appointment solicitations and prepare the appointment recommendations immediately after the charter is approved, therefore providing the least amount of time to form the committee. Cons • This process is not consistent with past committee appointment processes. • Having more members of the City Council provide a recommendation for the appointments creates a longer process than if the Mayor/Mayor Pro Tern provided the recommendation. Oct. 19, 2021 Item#7 Page 31 of 47 Alternate option 2- Mayor/Mayor Pro Tern recommends all design review committee appointments and the full City Council makes the final decision on all appointment recommendations Pros • Fewer people providing an appointment recommendation can expedite the appointment process. Cons • This process is not consistent with past committee appointment processes. • Because the City Council members are not involved in recommending appointments, there are more chances that the Mayor or Mayor Pro Tem's recommended appointments will not be approved by the full City Council, therefore delaying the committee formation process. Alternate option 3-Staff returns to City Council at a later date with recommended appointments and the full City Council makes the final decision on all appointment recommendations Pros • Staff can conduct a thorough review of committee appointments. Cons • This process is not consistent with past committee appointment processes. • This option would require additional time to schedule the action for another City Council hearing and therefore would delay the committee formation process and the project schedule significantly.This delay would potentially prevent the project from being completed within the timeframe required under the LEAP grant program terms. Oct. 19, 2021 Item #7 Page 32 of 47 Exhibit 3 City Council staff report dated January 19, 2021 (on file in the Office of the City Clerk) Oct. 19, 2021 Item #7 Page 33 of 47 Exhibit 4 caR4sm CITY COUNCIL Council Chamber � v 1200 Carlsbad Village Drive Minutes Carlsbad, CA92008 04 IFOIFM Dec. 10, 2019 6 p.m. CALL TO ORDER: 6:00 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel,Schumacher. ANNOUNCEMENT OF CONCURRENT MEETINGS: The Mayor announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Item No. 9. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Bhat-Patel led the Pledge of Allegiance. INVOCATION: None. PUBLIC REPORT OF ACTION TAKEN IN CLOSED SESSION: None. APPROVAL OF MINUTES: Minutes of the Regular Meeting held Oct. 22, 2019 Minutes of the Special Meeting held Nov. 12, 2019 Minutes of the Regular Meeting held Nov. 12, 2019 Motion by Mayor Pro-Tern Bhat-Patel, seconded by Council Member Blackburn, to approve the minutes as presented. Motion carried unanimously,4/0. PRESENTATIONS: Proclamation in Recognition of Energy Upgrade California. Mayor Hall introduced Laura Rosenthal, Field Team Manager of Energy Upgrade California and former Mayor of the City of Malibu. Council Member Schumacher presented the proclamation. Ms. Rosenthal shared about Energy Upgrade California's statewide educational initiative to encourage residents to be more energy efficient. PUBLIC COMMENT: Edward Fox, representing San Diego Veterans for Peace and representing a group, (Jim Brown and Victor White) spoke about the organization's goals and accomplishments in assisting veterans. He also shared historical and current information on nuclear weapons and threats. He requested Council to approve a resolution to endorse the California Assembly joint Resolution Nos. 30 and 33 and deliver this to the City of Carlsbad's sister city of Futso and to the cities of Hiroshima and Nagasaki as part of the commemoration of the 75th anniversary of the only use of atomic weapons ever used in war in Japan. Minute Motion by Council Member Schumacher, seconded by Mayor Pro-Tem Bhat-Patel, to place on a future agenda for Council consideration of a resolution supporting California Assembly joint Resolution Nos. 30 and 33 to be delivered to Futso, Hiroshima, and Nagasaki Oct. 19, 2021 Item #7 Page 34 of 47 Dec.10,2019 Carlsbad City Council Regular Meeting Page 2 as a part of the commemoration of the 75th anniversary of the use of atomic weapons in Japan. Motion carried, 3/1 (Hall—No). Bill Hart spoke against trenching the railroad tracks and suggested to instead build a plexiglass tunnel over the tracks as he believes it will save money and time. Trudy Stapleton spoke regarding the Poinsettia Pickle Ball Courts and expressed her gratitude to the Council Members and Parks & Recreation staff, including Kyle Lancaster and Barbara Kennedy, who worked on the project. Council Member Schumacher requested to move Item No. 8 to follow Item No. 16 CONSENT CALENDAR: Council Member Blackburn announced he would abstain from Item No. 4 due to a potential conflict of interest. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to approve Consent Calendar Item Nos. 1 through 3, and 5 and 6. Motion carried unanimously, 4/0; Item No. 4, Motion carried, 3/0/1 (Blackburn—Abstained). Council Member 1. APPROVAL OF SIDE LETTER AMENDMENTS TO MEMORANDUMS OF UNDERSTANDING WITH CITY OF CARLSBAD LABOR GROUPS AND REVISIONS TO THE MANAGEMENT COMPENSATION BENEFITS PLAN —Adoption of Resolution No. 2019-245 approving side letters between the City of Carlsbad and the Carlsbad Police Management Association, Carlsbad Police Officers' Association, Carlsbad City Employees' Association, Carlsbad Firefighters'Association, Inc., approving revisions to the Management Compensation and Benefits Plan and approving a transfer of $44,000 from the City Council Contingency Budget in the General Fund. (Staff contact: Donna Hernandez and Judy von Kalinowski, Human Resources) 2. APPROVAL OF SIDE LETTER AGREEMENTS TO MEMORANDUMS OF UNDERSTANDING WITH THE CITY OF CARLSBAD LABOR GROUPS AND AMENDMENTS TO THE MANAGEMENT BENEFIT PLAN FOR CONSTRUCTIVE RECEIPT — Adoption of Resolution No. 2019-246 approving side letter agreements with the City of Carlsbad and the Carlsbad Police Management Association, Carlsbad Police Officers' Association, Carlsbad City Employees' Association,and Carlsbad Firefighters' Association, Inc.and approving amendments to the Management Compensation and Benefits Plan to modify the vacation and comp time conversion programs to comply with IRS Constructive Receipt rules. (Staff contact: Darrin Schwabe and Judy von Kalinowski, Human Resources) 3. REIMBURSEMENT AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, INC.—Adoption of Resolution No. 2019-247 approving a Reimbursement Agreement with Lennar Homes of California, Inc. for construction of a portion of Poinsettia Lane Reach E, associated with Oct. 19, 2021 Item #7 Page 35 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 3 Carlsbad Tract No. 14-10, Capital Improvement Program Project No. 3922. (Staff contact: Hossein Ajideh, Public Works) 4. AGREEMENT WITH DOKKEN ENGINEERING FOR DESIGN SERVICES FOR EL CAMINO REAL WIDENING—Adoption of Resolution No.2019-248 authorizing execution of a Professional Services Agreement with Dokken Engineering for El Camino Real widening from Cassia Road to Camino Vida Roble, Capital Improvement Program Project No.6072, in an amount not to exceed $394,044. (Staff contact: Brandon Miles, Public Works) 5. AGREEMENT WITH CALIFORNIA GREEN BUSINESS NETWORK SERVICE — Adoption of Resolution No. 2019-249 authorizing execution of the California Green Business Network (CAGBN)Services Agreement, acceptance of grant funds,and appropriation of grant funds to the Environmental Management department budget. (Staff contact: Michael Grim, Public Works) 6. DECLARATION OF CITY-OWNED VACANT PARCEL OF LAND AS SURPLUS PROPERTY AND AUTHORIZE RELEASE OF REQUEST FOR PROPOSALS FOR SALE OF PROPERTY LOCATED ON PAJAMA DRIVE — Adoption of Resolution No. 2019-250 declaring a city-owned vacant parcel of land as surplus property and authorizing the release of a Request for Proposals for the sale of the property located on Pajama Drive in Oceanside, California (APN 149- 070-47-00). (Staff contact: Curtis Jackson, Real Estate) ORDINANCES FOR INTRODUCTION: 7. AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 8.45 — CONSUMPTION OF ALCOHOL OR CONTROLLED SUBSTANCES BY MINORS AT PARTIES,EVENTS OR GATHERINGS — Introduction of Ordinance CS-366 amending Carlsbad Municipal Code Chapter 8.45 Consumption of Alcohol or Controlled Substances by Minors at Parties, Events or Gatherings. (Staff contact: Cindy Anderson, Police) City Manager's Recommendation: Introduce the Ordinance. Assistant City Attorney Walter Chung introduced the ordinance. Police Chief Neil Gallucci and Deputy City Attorney Marissa Kaweki presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). John Byrom, representing North Coastal Prevention Coalition, spoke in support of the ordinance and the services the organization offers. Ray Pearson, representing North Coastal Prevention Coalition, spoke in support of the ordinance and thanked the city for their enforcement efforts. Judy Strang, representing San Dieguito Alliance for Drug Free Youth, spoke in support of the ordinance and shared about services the organization offers. Oct. 19, 2021 Item #7 Page 36 of 47 Dec.10,2019 Carlsbad City Council Regular Meeting Page 4 Motion by Mayor Pro Tern Bhat-Patel,seconded by Council Member Blackburn,to approve the introduction of Ordinance CS-366. Motion carried unanimously, 4/0. This Item was moved to follow Item No. 16. 8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS— Adoption of a Resolution approving the Planning Commission Work Plan for FY 2019-20; and Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24 regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community& Economic Development) City Manager's Recommendation:Adopt the Resolution and introduce the Ordinance. 9. AMENDMENT TO CMWD ORDINANCE 45— IMPLEMENTION CALIFORNIA SENATE BILL NO. 998 — Introduction of CMWD Ordinance No. 47 amending Article II, Section 4 of CMWD Ordinance No. 45 to comply with Senate Bill No. 998, the Water Shutoff Protection Act; and Adoption of CMWD Resolution No. 1625 approving the Residential Potable Water Service Shutoff Protection Policy for Nonpayment of Charges. (Staff contact: Mario Remillard and Vicki Quiram, Public Works) City Manager's Recommendation: Introduce the Ordinance and adopt the Resolution. Utilities Director Vicki Quiram and Meter Services Supervisor Mario Remillard presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, Utilities Director Vicki Quiram explained approximately 25 residents do not pay their water bill because they can't afford to do so.She also explained the city does not currently offer a scholarship program to assist residents, but some other cities do offer scholarships. Assistant City Attorney Walter Chung titled the ordinance. Motion by Mayor Pro Tern Bhat-Patel,seconded by Council Member Blackburn,to approve the introduction of CMWD Ordinance No. 47. Motion carried unanimously, 4/0. Motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Blackburn, to adopt CMWD Resolution No. 1625. Motion carried unanimously,4/0. Minute Motion by Council Member Blackburn,seconded by Council Member Schumacher, requesting staff to bring back information for a scholarship program for residents who need assistance to pay their water bills. Motion carried unanimously, 4/0. Oct. 19, 2021 Item #7 Page 37 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 5 ORDINANCE FOR ADOPTION: 10. EXPRESSIVE ACTIVITIES ORDINANCE — Adoption of Ordinance No. CS-365 amending Carlsbad Municipal Code Title 8, Chapter 8.17 regarding Special Events, adding Chapter 8.18 regarding Expressive Activity Events and waiving applicable park user fees. (Staff contact: Sheila Cobian, City Clerk Services) City Manager's Recommendation: Adopt Ordinance No. CS-365. Assistant City Attorney Walter Chung titled the ordinance. Speakers in support of City Manager's recommendation: Misty O'Healy, representing Indivisible 49; Timothy O'Healy;representatives from North County Civil Liberties Coalition: Ellen Montanari, Robin Mastro, and Yusef Miller. Submitted speaker cards in support of City Manager's recommendation;however, did not wish to speak: Simon Angel; Teresa Dezazzo. Mayor Hall commented on his strong support of free speech and public safety and supported previous drafts of the ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Ordinance No. CS-365. Motion carried, 3/1 (Hall —No). PUBLIC HEARINGS: 11. ORGANIC GREEN WASTE COMPOSTING RATES PUBLIC HEARING —Adoption of Resolution No. No. 2019-252 approving increases to recycling and trash service rates related to green waste, effective Jan. 1, 2020. (Staff contact: James Wood, Public Works) City Manager's Recommendation: Take public input, close the public hearing and adopt the Resolution. Deputy City Manager of Public Works Paz Gomez and Environmental Manager James Wood presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Mayor Hall opened the duly noticed Public Hearing at 6:52 p.m. City Clerk Barbara Engleson reported the City Clerk's office received 67 written protests from citizens across the city. In response to an inquiry from Council Member Schumacher, Environmental Manager James Wood explained the increase in rates is from Republic Services, Inc. but that the fee Oct. 19, 2021 Item #7 Page 38 of 47 Dec.10,2019 Carlsbad City Council Regular Meeting Page 6 will be administered through Waste Management's billing process. He also explained that bins must be hauled by Waste Management. Seeing no one wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 6:54 p.m. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-252. Motion carried unanimously, 4/0. DEPARTMENTAL AND CITY MANAGER REPORTS: 12. APPOINT ONE MEMBER TO THE HOUSING COMMISSION — Adoption of Resolution No. 2019-253 appointing one member to the Housing Commission to represent the At-Large Category. (Staff contact:Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolution. Motion by Mayor Hall, seconded by Mayor Pro Tern Bhat-Patel, to adopt Resolution No. 2019-253 appointing Allen Manzano to the Housing Commission. Motion carried unanimously,4/0. 13. APPOINT ONE MEMBER TO THE PARKS & RECREATION COMMISSION — Adoption of Resolution No. 2019-254 appointing one member to the Parks & Recreation Commission. (Staff contact:Tammy McMinn, City Clerk Services) City Manager's Recommendation: Adopt the Resolution. Applicant Robert Winston spoke about his experience, involvement in the community, and interest in the position. Motion by Mayor Hall, seconded by Council Member Blackburn, to adopt Resolution No. 2019-254 appointing Michael Luna to the Parks& Recreation Commission. Motion carried unanimously, 4/0. 14. PRESENTATION OF MASTER FEE SCHEDULE COST OF SERVICE STUDY RESULTS— Receive a presentation on the results of the Master Fee Schedule Cost of Service Study. (Staff contact: Roxanne Muhlmeister,Administrative Services) City Manager's Recommendation: Receive the report. Deputy City Manager of Administrative Services Laura Rocha, Finance Manager Roxanne Muhlmeister, Senior Management Analyst Erika Benitez, and NBS Government Finance Group (NBS) representative Nicole Kissam, presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Oct. 19, 2021 Item #7 Page 39 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 7 In response to an inquiry from Council Member Schumacher, NBS Representative Nicole Kissam explained the comparative cities were selected as they are neighboring cities and were also recommended by staff. In response to an inquiry from Council Member Schumacher, Deputy City Manager of Administrative Services Laura Rocha explained a comparison study had not been conducted for quite some time.She also explained there have been many process changes. In response to an inquiry from Council Member Schumacher,City Manager Scott Chadwick explained future presentations will include information on the comprehensive and cumulative effects and impacts the fees have on users. Mayor Pro Tern Bhat-Patel directed staff to continue to show fee change comparisons in neighboring jurisdictions. In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick explained in the future, staff can include a more comprehensive list of other cities in comparable jurisdictions based on Council's request. Mayor Hall directed staff to include the cities of Del Mar, Encinitas, Solana Beach, other cities along the California State Route 78 corridor, and to keep in close contact with the building industry. He also explained to keep in mind the differences of each city and how they approach both minor and regular conditional use permits (CUPs). Council Member Schumacher requested staff add the City of San Clemente and Orange County coastal cities to the fee comparison list in the future. 15. PRESENTATION ON STATUS OF THE SHORT-TERM VACATION RENTAL PROGRAM—Receive a presentation on the status of the Short-Term Vacation Rental Program and direct staff as appropriate. (Staff contact: Kerry Jezisek, Community& Economic Development) City Manager's Recommendation: Receive the report and provide direction to staff. Interim CED Director Mike Peterson and Senior Program Manager Kerry Jezisek presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Schumacher, Senior Program Manager Kerry Jezisek explained primarily single-family homes have been used as short-term vacation rentals,followed by multi-family homes.She stated staff can research how many short-term vacation rentals are owned by LLCs or off-site large companies. She also explained about local, state, and federal level tax requirements and the consequences for non-compliance, including permit revocation and property liens. Oct. 19, 2021 Item #7 Page 40 of 47 Dec.10,2019 Carlsbad City Council Regular Meeting Page 8 In response to an inquiry from Mayor Pro Tern Bhat-Patel, City Manager Scott Chadwick recommended Council make a minute motion for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion by Mayor Pro Tem Bhat-Patel,seconded by Council Member Schumacher, for staff to complete a comprehensive report on comparable coastal jurisdictions with short-term vacation rentals. Minute Motion revised to Substitute Minute Motion. Council Member Schumacher explained she would be more apt to vote for the study if she knew Council would be pursuing to amend the Short-Term Vacation Rental Ordinance.She also explained she would like an update on the Short-Term Vacation Rental Subcommittee. Mayor Pro Tern Bhat-Patel explained for the record that as a researcher, she makes decisions based on analysis. She explained that because short-term vacation rentals have been a highly contentious topic throughout the city and state, she was not prepared to decide whether the city's short-term vacation rental ordinance should be amended without reviewing a comprehensive analysis of comparable jurisdictions. Substitute Minute Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to pursue amending the short-term vacation rental ordinance. Motion failed, 2/2 (Hall, Blackburn—No). ACTION: Council received the report. 16. VILLAGE AND BARRIO MASTER PLAN AMENDMENT PACKAGE—Receive a presentation and direct staff on the scope and timing of the amendment package items described in the Aug. 20,2019,City Council action on the Village and Barrio Master Plan and, based on that discussion,direct staff to return to City Council for confirmation of the project scope,work plan and timeline, and resource strategy, as necessary. (Staff contact: Scott Donnell, Community& Economic Development) City Manager's Recommendation: Receive the report and provide direction to staff. Mayor Hall stepped down from the dais at 8:03 p.m. due to a potential conflict of interest. City Planner Don Neu and Senior Planner Scott Donnell presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Simon Angel spoke in regard to decision-making authority and would like Council to oppose the amendment and direct staff to apply the same process review standards to all districts within the project. He also suggested to postpone the item until a District 1 representative has been elected. Oct. 19, 2021 Item #7 Page 41 of 47 Dec. 10, 2019 Carlsbad City Council Regular Meeting Page 9 Ti Childs spoke in regard to a dual zone clause, the objective standards in version 2 of the Village and Barrio Master Plan from 2016 and asked if past information could be used.She also requested the city not rely on public-private partnerships for projects like parking. Gary Nessim spoke in regard to hosting a staff workshop on public-private partnerships and how increasing the housing in-lieu fee would help solve the housing crisis. Robert Wilkinson referred to items he submitted and the city's street tree program. In response to an inquiry from Council Member Schumacher,Senior Planner Scott Donnell explained a brief timeline of when various housing law amendments and fees went into effect. Council Member Schumacher expressed her concern about objective and subjective standards incorporated in upcoming state housing legislative changes. In response to an inquiry from Council Member Blackburn,City Planner Don Neu explained the previous processes of the Village Design Review Board and possible challenges if a group like this were to be reestablished. He also clarified the history of housing in-lieu fees for different sized developments, gave examples of private-public partnerships and business-to-business agreements in relation to parking, and explained that while there is the possibility to make changes, it is timely and difficult due to the regulatory documents and process of approval from various commissions. A Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Schumacher,to move approval of allowing decision-making authority for the entire Master Plan area to the City Council. Motion carried, 3/0/1 (Hall—Absent). Council Member Schumacher requested three amendments be implemented, (including decision making authority for the Master Plan); 1. Incorporating conditional use permits such as the Farmer's Market and hospitality zone for the Hosp area and to accomplish these objectives within three months to be sent to the California Coastal Commission. 2. Ad hoc design review board and initiation of a comprehensive traffic study with multi modal views including vehicular impacts to include Carlsbad Boulevard during certain months listed and include traffic data from Oceanside and Encinitas. To be completed within one year with target completion to be used as a baseline for development. Council member Schumacher also requested the City Manager keep this a broadly actionable item on the Dec. 17, 2019 agenda. 3. A review of the parking management plan (to include commission review), parking in lieu fee, parking structure feasibility study at the city owned property of Oak and State street, initiation of a Nexus study for housing in lieu fees and to move forward with the staff recommendation of the Planning Commissions public hearing on further items to be addressed. Oct. 19, 2021 Item #7 Page 42 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 10 In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained several of the amendment items may not be feasible to implement within the timeframes cited due to state laws and guidelines as well as other challenges. In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick shared the potential timeline and constraints to complete the tasks in a timely manner, including securing contractors and finalizing other pending projects. In response to an inquiry by Council Member Schumacher,City Planner Don Neu explained the timeline and various projects planned to utilize SB 2 funds, including hiring consultants, setting objective standards, and revising both the municipal code and the Village and Barrio Master Plan. Council Member Schumacher explained her support of establishing objective standards to ensure future developments include residents'input.She also stated that she would prefer a design review board that is ad-hoc in nature, assisted by consultants, using previous drafts of architectural designs to create a tool box, and receive residents' final stamp of approval. In response to an inquiry by Council Member Blackburn, City Planner Don Neu explained staff can request that consultants modify their scope of work to address Council's direction. Minute Motion by Council Member Schumacher,seconded by Mayor Pro Tern Bhat-Patel, to add to a future agenda, the formation of an ad-hoc design review board, whose composition and appointment process will be decided at that meeting, to work with a consultant on the objective design standards and the design palette for the Village and Barrio Master Plan area. Motion carried, 2/1/1 (Blackburn—No, Hall—Absent). Substitute Minute Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to place on a future Planning Commission agenda Workplan Item Nos. 2-4 and 6-8 to allow the public to have the opportunity to provide feedback and subsequently return to City Council to discuss how to provide direction. Motion carried, 3/0/1 (Hall — Absent). Mayor Pro Tern Bhat-Patel declared a recess at 9:22 p.m. Mayor Pro Tern Bhat-Patel reconvened the meeting at 9:28 p.m. In response to an inquiry by Council Member Schumacher, City Planner Don Neu explained the Master Plan amendment process in relation to the Planning Commission and City Council. Mayor Hall returned to the dais at 9:30 p.m. Oct. 19, 2021 Item #7 Page 43 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 11 This Item was moved to follow Item No. 16. 8. PLANNING COMMISSION WORK PLAN AND ORDINANCE AMENDMENTS — Adoption of Resolution No. 2019-251 approving the Planning Commission Work Plan for FY 2019-20; and Introduction of Ordinance CS-367 amending Carlsbad Municipal Code Chapter 2.24 regarding the Planning Commission to be consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. (Staff contact: Don Neu, Community& Economic Development) City Manager's Recommendation:Adopt the Resolution and introduce the Ordinance. Interim CED Director Mike Peterson and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry by Council Member Schumacher, City Manager Scott Chadwick explained his concern with cyber safety and training required if volunteers were issued city email addresses. Minute Motion by Council Member Schumacher,seconded by Mayor Pro Tern Bhat-Patel, to include the addition of the inclusionary housing ordinance review and potentially any revisions recommended to Council as well as the parking management plan review and any potential revisions to Council. Minute Motion withdrawn. In response to an inquiry from Council Member Blackburn, Planning Commission Chair Luna explained a priority structure would be helpful for the commission to effectively deliver vetted documents and prevent further delay. In response to an inquiry from Mayor Hall, City Planner Don Neu explained the current timeline challenges and goals with various projects. Assistant City Attorney Walter Chung titled the ordinance. Motion by Mayor Pro Tern Bhat-Patel, seconded by Council Member Blackburn, to adopt Resolution No. 2019-251; and Introduction of Ordinance CS-367. Motion carried, unanimously (4/0). 17. REPORT ON HOW TRANSPORTATION SYSTEM MANAGEMENT AND TRANSPORTATION DEMAND MANAGEMENT PROGRAMS ADVANCE MOBILITY AND CLIMATE GOALS Receive an informational report on the use of transportation system management and transportation demand management programs to advance the city's mobility and climate goals. (Staff contact: Paz Gomez, Public Works and Gary Barberio, Community Services) City Manager's Recommendation: Receive the report. Oct. 19, 2021 Item #7 Page 44 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 12 Deputy City Manager of Community Services Gary Barberio and Deputy City Manager of Public Works Paz Gomez presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Paige DeCino spoke regarding her concerns with the timeframes in the report, recommended expanding the transportation demand management programs beyond the largest employers, and adding safer bike lanes and public transit. In response to an inquiry by Council Member Schumacher, Deputy City Manager of Public Works Paz Gomez explained that the study is anticipated to be completed within one year and that Council will be updated regularly via the Semi-Annual Transportation Report. In response to Speaker Paige DeCino's comment, Deputy City Manager of Community Services Gary Barberio explained the city's efforts to expand its transportation demand management programs. ACTION: Council received the report. 18. POINSETTIA LANE TRAFFIC ANALYSIS PRESENTATION — Receive an informational presentation providing the findings of the Poinsettia Lane Traffic Analysis performed by LSA. (Staff contact:John Kim, Public Works) City Manager's Recommendation: Receive the report. Council Member Blackburn stepped down from the dais at 10:21 p.m. due to a potential conflict of interest. Deputy City Manager of Public Works Paz Gomez and City Traffic Engineer John Kim presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry by Mayor Pro Tern Bhat-Patel, City Traffic Engineer John Kim explained traffic data will continue to be monitored for future modifications. In response to an inquiry by Council Member Schumacher,Transportation Planner Arthur Black of LSA, responded that Series 12 SANDAG model data was used as the city had the data available and new model runs did not need to be coordinated with SANDAG. City Traffic Engineer John Kim added that funding for new model runs had not been approved in the scope of work and so they used the data they already had. ACTION: Council received the report. Council Member Blackburn returned to the dais at 10:35 p.m. 19. AMENDMENT TO POINSETTIA COMMUNITY PARK MASTER PLAN—Adoption of Resolution No. 2019-255 approving an amendment to the Poinsettia Community Park Master Plan to Oct. 19, 2021 Item #7 Page 45 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 13 relocate a proposed off leash dog park and add an adjacent parking lot and restroom. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Adopt the Resolution. Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-Patel, to approve adoption of Resolution No. 2019-255. Motion carried unanimously 4/0. 20. PRESENTATION ON RESULTS OF PUBLIC OUTREACH AND INVOLVEMENT PROCESS FOR AN OFF LEASH DOG AREA WITHIN VILLAGE H SOUTH PROPERTY— Receive a presentation on the results of the public outreach and involvement process for a potential off leash dog area within the Village H South property and direct staff on any next steps to be taken in relation to this property. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Receive the presentation and provide direction to staff. Parks & Recreation Director Kyle Lancaster, Parks Services Manager Tim Selke, and Park Planning Manager Kasia Trojanowska presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Tom Watson spoke regarding the importance of restoring the off-leash area on the property. Melissa Furioli spoke regarding the importance of restoring the off-leash area on the property. Lonnie Smith spoke regarding forming an ad-hoc committee of staff and stakeholders and suggested a modification to Option No. 3. Submitted speaker card received;however, was not present to speak: Laura Ember. Katherine Smoke spoke regarding the importance of restoring the off-leash area to what existed there in the past. Paige DeCino, representing Preserve Calavera, spoke regarding the options presented and requested Council wait for more data before they decide on a design option. Karen Merrill, representing Preserve Calavera, spoke regarding the lack of wildlife movement and requested feedback from wildlife agencies to make a more informed decision. Oct. 19, 2021 Item #7 Page 46 of 47 Dec. 10,2019 Carlsbad City Council Regular Meeting Page 14 Sherri Sullivan spoke regarding her concerns with the study and data presented and requested more community outreach meetings be conducted. Minute Motion by Council Member Blackburn, seconded by Council Member Schumacher, to direct staff to work with Preserve Calavera for two months to reach a compromise on the staff recommendation and on Option 4. Motion carried unanimously 4/0. COUNCIL REPORTS AND COMMENTS: Mayor Hall and City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: Mayor Hall announced that Members of the City Council have been invited to and may be participating in the following events: Wednesday, Dec. 11, 2019—5:00-7:00 p.m. Carlsbad Chamber of Commerce Volunteer Recognition Reception Chamber of Commerce 5934 Priestly Dr. Carlsbad, CA Thursday, Dec. 12, 2019—7:00-9:15 a.m. City of Carlsbad Employee Holiday Breakfast Omni La Costa 2100 Costa Del Mar Rd. Carlsbad, CA ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting 11:12 p.m. 0 O -I�C11r' Barbara Engleson City Clerk Oct. 19, 2021 Item #7 Page 47 of 47 Tammy Cloud-McMinn From: maryanneviney@dslextreme.com Sent: Tuesday, October 19,2021 1:28 PM To: Council Internet Email Cc: City Clerk Subject: Item 7:AGREEMENT AND DESIGN REVIEW CHARTER FOR THE VILLAGE AND BARRIO MASTER PLAN OBJECTIVE DESIGN STANDARDS AND STREAMLINED PERMITTING PROCESS All Receive-Agenda Item# For the Information of the: Dear Esteemed Mayor and Council Members, CITY COUNCIL Date!cll`r12/CA -- CC I appreciate all you do for our beautiful City of Carlsbad. CM—ACM=DCM (3)` For Item#7, I am requesting that you consider approving the resolution, and also please consider adding more members, who are Village and Barrio residents,to the charter for the Design Review Committee. Promoting community engagement in the process of reviewing and providing recommendations on objective design standards for the Village and Barrio Master Plan is another positive for our City. Thank you for your consideration, Mary Anne Viney CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. • �� � ��,, , ; Agreement & Charter for Village & Barrio ;) �,� "� � ,_ ��'� Master Plan Objective Design Standards & *i, � aill Streamlined Permi•tting Process for . ; , �,� � Multifamily Housing tit* , y ,� Shelley Glennon, Associate Planner * % "' • 1/. ** - - A..4, ...4't %'p °.°.. .� , # ,.:4:;: Community Development Department ,., ° `. • , .,...r ; t,tt," „ October 19, 2021 4`'::#94# , *'-'-• ‘• - a � 4r'Cityof-a� _ t Carlsbad Background LEAP Grant Funding TODAY'S PRESENTATION Agreement with AVRP Studios Design Review Committee Charter to ffRecommen • f' • (City of 2 Carlsbad v \\ i's't�I.**I - BACKGROUND _ , '•• 4 / C.\_, 1 '�` : "', 44e. *01 5 Village & Barrio Master Plan SII - ��r ��.�llt•1 At t'?Vai Area Map Fi ure 1- 1 )se ig ?-it. i \ , , ',---1 I t.::.---_-_„ ...,,n i '� ' VILLAGE c.,- i,, ((. _ n , �, t :9.,, r—"?3, err 1 ? � 2 ....Ls, l,. ' l ti�i '_ 'l 1 to ` ...a - III .— �, ' - 1 village -- \ , IISarno i 1 _¢., rj4 na'�1a�t2r Plan �r�a f,c y 4 �. ,1 -? a e=a nd Ear can _ V111ag I Zone B� ary 4'.1-'1 ' \ r _- (,, ,S1-3,-'.n" !--- ,, �� Caasta and �l "" �i Railroad� -�rr• '�1�'-_ 8 BARRIO loft r F 1%1 , �. ..� ��: City o �;�; �ttT - - --el CarlSba( --. [% w e iN -'t om Q, BACKGROUND JULY 2017 Governor signs multiple JULY 2021 housing bills including SB 35 City Council approves LEAP City updates the General Plan's Streamline Approval Process Grant application submittal Housing Element to include Program to fund projects that 1.11 "Objective Design Standards" expedite housing production DECEMBER 2019 City Council directs ad-hoc design review committee formation for review of objective JUNE 2021 design standards for the Village & Barrio HCD awards City of Carlsbad LEAP Master Plan area Grant funds (City of 4 Carlsbad LOCAL EARLY ACTION PLANNING ( LEAP) GRANT elomfi • Grant funds received through reimbursements 490 d6 and appropriated in the General Fund .4110 % • LEAP grant award of $500,000 will fund 3 city 0 ® 111711 4 0 r4 ■I 0 projects: ,nIV U) III IV 1. Permit-Read AccessoryDwellingUnit 9 ��► Y ,�, ,y Program ($120,000) • �, • 2. Housing Element Update ($220,000) 441IF'OROts. 3. Village and Barrio Master Plan Objective Design Standards ($160,000) • Grant funds must be expended by Sept. 2023 (City of 5 Carlsbad PROFESSIONAL SERVICES AGREEMENT WITH AVRP STUDIOS • July 2021 — Staff issued a request for proposals in accordance with CMC Section 3.28.060.A • August 2021 — AVRP Studios selected. Currently working on similar projects for other local jurisdictions • Scope of Work VTask 1: Create Objective Design Standards /Task 2: Identify amendments to city documents VTask 3: Create educational materials/guides and conduct training VTask 4: Conduct community outreach (City of 6 Carlsbad DESIGN REVIEW COMMITTEE CHARTER • Purpose: ✓ Review and provide recommendations on new objective design standards to ensure the standards reflect the community's values O 0 • Meeting Time Limitation ✓ Approx. 3 meetings within a one-year timeframe • Size & Composition: Seven-member committee ✓ 1 Planning Commissioner ✓ 1 Historic Preservation Commissioner ✓ 1 Village resident ✓ 1 Barrio Resident ✓ 1 Village Business Owner ✓ 2 architectural design professional residents • Appointment Process • Other Rules & Procedures ( Cityof 7 Carlsbad STAFF RECOMMENDATION City Council adopt a resolution approving: Li Agreement for professional services with AVRP Studios; ❑ A charter for a design review committee; and ❑ Appropriate grant funding in the amount of $160,000 to the General Fund to implement the program in FY 2021-22 (City of 8 Carlsbad HOUSING ELEMENT PROGRAM 1. 11 "OBJECTIVE DESIGN STANDARDS" State law defines objective design standards as those that"involve no personal or subjective judgement by a public official and are uniformly verifiable by reference Funding to an external and uniform benchmark or criterion available and knowable by ■ Departmental Budget both the development applicant and public official prior to submittal."The City a General Fund is undertaking this project to conform with recent State law changes that require ■ S82 Grant (Awarded in 2020) and LEAP Grant local jurisdictions to adopt objective standards and streamline the review and Lead A$ y permitting processes for housing development. ■ Planning Division Time Frame (Years/Months) Objectives 21 22 23 24 25 26 27 28 29 a. The City shall establish and adopt clear objective design standards SEP CODS) for mixed use and multi-family housing projects. b. Once the objective design standards are adopted, multi-family and mixed-use projects will be aliowed by right and approved through a on on on o41 on on on ministerial, staff-level review process. Quantified Objectives ODS will support production of 30 lower-income units over planning period related to reduced permitting requirements and time to develop. (City of Carlsbad PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AVRP STUDIOS, INC. FOR AMENDING PUBLIC AND PRIVATE FRONTAGE FORM-BASED CODING CONFLICTS ADJACENT TO CALTRANS FACILITIES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , AVRP STUDIOS, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform services amending public and private frontage form-based coding conflicts adjacent to Caltrans faclilies; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Howard Blackson who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 22-11764/289789 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM,• TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 9�.2/ , 20 ZZ (the "Commencement Date"). This Agreement shall automatically terminate two (2) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than two (2) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty Thousand Dollars ($30,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 22-11764/289789 2of12 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 22-11764/289789 3of12 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 22-11764/289789 4of12 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification 22-11764/289789 5of12 of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. 22-11764/289789 6of12 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 22-11764/289789 7of12 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach AVRP Studios, Inc. ATTN: Dir. of Community Development Attn: Douglas H. Austin 2000 Main Street 703 16`" Street, Suite 200 Huntington Beach, CA 92648 San Diego, CA 92101 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 22-11764/289789 8of12 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement 22-11764/289789 9of12 which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 22-11764/289789 10 of 12 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 22-11764/289789 11 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, AVRP STUDIOS, INC. a municipal corporation of the State of California By: T��w r City Manager ITS: (circle one) resident/Vice President INITIATED AND APPROVED: tv AND Director of Community Development By: APPROVED AS TO FORM: t ITS: (circle on Secretary/ ief Financial Officer/Asst. City Attorney f- f Secretary—Trea Date COUNTERPART RECEIVE AND FILE: City Clerk Date 22-11764/289789 12 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY UN GTO BEACH, AVRP STUDIOS, INC. a mu cipal c oration o the State of if is By: City Man er print name INITIATED AND PROVED: ITS: (circle one)Chairman/President/Vice President SQ' I AND Director of Community Development By: APPROVED A*TOP�� : print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. lty orney Secretary—Treasurer D to COUNTERP.AR'T" RECEIVE AND FILE: 4q�� �4w444d_ City Clerk Date 22-11764/289789 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Amend Public and Private Frontage form-based coding conflicts adjacent to CALTRANS facilities B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Perform assessment of the project via site tour and review/analysis of the existing Specific Plan regulations and General Plan Policies. 2. Generate one (1) conceptual edit of the Specific Plan regulations to be tested and reviewed by the City/Client to provide feedback, clarity and direction to the urban designer. 3. Refine and deliver (1) complete Draft Plan Amendment graphics and text for City/Client review. 4. Deliver one (1) Final Plan Amendment for Planning Commission and City Council Approval. 5. Attend Planning Commission and City Council Meeting C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Provide information and access to documents necessary to complete project. 2. Pay invoices in a timely manner. D. WORK PROGRAM/PROJECT SCHEDULE: Estimated time needed to complete 1-4 is expected to be six (6) weeks of work time needed, meetings and other hearings will be scheduled by City staff. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: $200.00 per hour on a time and material basis. B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. AVRPSTU-01 MURPHEYM ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDfYYYY) 1`� 9/16/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER License#OE67768 co JACT Mandy Murphey IOA Insurance Services (ac°°,No,Ezt):(619}400-1990 50200 FAX No): 619)574-6288 4370 La Jolla Village Drive Suite 600 - AIk s.Mandy.Murphey@ioausa.com San Diego,CA 92122 INSURERS AFFORDING COVERAGE NAIC 0 INSURERA:RLI Insurance Company 13066 INSURED INSURER B-Property&Casualty Insurance Company of Hartford 34690 AVRP Studios,Inc. INSURER c:Berkshire Hathaway Specialty Insurance Com an 22276 703 16th Street,Suite 200 INSURER D: San Diego,CA 92101 INSURER E INSURER F COVERAGES CERTIFICATE UMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDINSDL SU POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE FJX�OCCUR X X PSB0003758 91112022 9/112023 DAMAGE TORENTED 1,000,000 X Cont Llab/Sev of Int MED EXP(Any one rson 10,000 PERSONAL&ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED AS TO FORM GENERAL AGGREGATE $ 4,000,000 POLICY1X jECT LOC _ PRODUCTS-COMPIOPAGG 4,000,000 Hy: Deductible 0 OTHER: A AUTOMOBILE LIABILITY CITY ATTOR EY EOMBWEDtSINGLE LIMIT $ 2,000,000 ANY AUTO X X PSB0003713WY OF HUNTINGT NJ8B8lL'hY 9/1/2023 BODILY INJURY Per erson AUR OS ONLY AUpNpSwULNEDp BODILY INJURY Per accident Jxx AUTOS ONLY X AUTO0 OLY Pe�aERent AMAGESAutos.Owned $ A UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 2'000'000 X EXCESS LIAB CLAIMS-MADE PSE0002120 9/112022 9/1/2023 AGGREGATE 2,000,000 DED I X RETENTIONS 0 B WORKERS COMPENSATION X PER ER OTH- AND EMPLOYERS'LIABILITY YIN 72WEGAB90HC 911/2022 9/1/2023 100001000 ANY PR�OPPgRIETTOERRIPARTNER!EXECUTIVE ❑ X E.L.EACH ACCIDENT (MandatorIn NH)EXCLUDED? NIA E.L.DISEASE-EA EMPLOYE 1'000'000 It yyes de scribe under 1,000,000 DESGtRiPTION OF OFF RATI S below E.L.DISEASE-POLICY LIMIT S C Prof LiablClms Made 47-EPP-319002-01 121412021 12/412022 Per Claim 2,000,000 C Dad..$10K Per Claim 147-EPP-319002-01 12/4/2021 1214/2022 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re:Beach and Edinger Corridor Specific Plan Amendment City of Huntington Beach is Additional Insured with respect to General/Hired&Non-Owned Auto Liability per the attached endorsement as required by written contract.Insurance is Primary and Non-Contributory.Waiver of Subrogation applies for General/Hired&Non-Owned Auto Liability and Workers' Compensation, 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium In accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Huntington Beach 2000 Main Street Muntington Beach,CA 92648 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD